When can an employer require a worker to take a drug test? The demand itself can be acceptable, but there are strict criteria for making the tests.
The employer has the right to demand a worker to take part in a drug test within certain criteria. However, a drug test is not required for all jobs.
- The employer can demand a person selected for a new task to present a drug test certification, if the job at hand requires accuracy, reliability, independent judgement and rapid response, states the Occupational Health and Safety Advisor at PAM, Seija Virta.
In addition, drug tests may be required, if working under the influence of drugs may cause dangerous situations, such as traffic violations or putting human lives at risk.
What if a worker refuses to take a drug test in these kinds of situations?
- No-one has to give a certification on a drug test to the employer, but the employer has the right to disregard a job applicant who does not take part in a drug test, Virta states.
An employer can also demand a drug test, if a worker’s job description is changed so that the test criteria are fulfilled. In that case, the same set of rules imply as for any job applicants.
As regards the legal protection of workers, the crucial point is that a Programme on Preventing Drug Abuse at Work is made and that the testing is based on the actual work assignments. No drug tests can be made without the existence of a programme on drug abuse prevention, unless they are made according to the Occupational Health Care Act. In that case, the employer does not have access to the exact results of the test.
In other words, if the employer has access to individual results, a programme on drug abuse at work is mandatory. That allows the workers to let their voices be heard and, moreover, an employer cannot make workers take the tests for the purpose of supervision.
- Drug tests cannot be a tool for the employer to control the general reliability of a worker, Virta concludes.
